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Ministry Review of the Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment

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Ministry Review of the Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment Ministry Review of the Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment Review prepared pursuant to subsection 7(1) of the Environmental Assessment Act, R.S.O 1990 Province of Ontario by the Ministry of the Environment and Climate Change, Environmental Approvals Branch NEED MORE INFORMATION? Public Record Locations The public record including the Review and Notice of Completion for this environmental assessment can be reviewed during normal business hours at the following ministry office: Ministry of the Environment and Climate Change Environmental Approvals Branch 2 St.Clair Avenue West, Floor 12A Toronto, Ontario Voice: (416) 314-8001/1-800-461-6290 Fax: (416) 314-8452 The Review and Notice of Completion are also available at the following locations: Ministry of the Environment and Toronto and Region Conservation Authority Climate Change 5 Shoreham Drive (Lobby) Central Region Office Toronto, Ontario M3N 1S4 5775 Yonge Street, 8th Floor Phone: (416) 661-6600 North York, Ontario M2M 4J1 http://www.trca.on.ca/DMNPEA (416) 326-67000 Waterfront Toronto Toronto Reference Library 20 Bay Street, Suite 1310 789 Yonge Street (2nd Floor Reference Desk) Toronto, Ontario M5J 2N8 Toronto, Ontario M4W 2G8 (416) 214-1344 (416) 395-5577 City of Toronto Clerk’s Office (Works Committee Office) 100 Queen Street West, 10th Fl., W. Tower Toronto, Ontario M5H 2N2 (416) 392-8016 This Review is subject to the provisions of Ontario Regulation 616/98 which sets out a deadline for the completion of this document. The deadline for the completion of the Review was June 19, 2014. This paragraph and the giving of the Notice of Completion are the notices required by subsection 7(3) of the Environmental Assessment Act. The Review documents the ministry’s evaluation of the EA and takes the comments of the government agencies, the public and Aboriginal communities into consideration. © Queen’s Printer for Ontario, 2014 PIBS 9712e Cette publication est disponible en français. Table of Contents Executive Summary ...................................................................................................... 1 1. Environmental Assessment Process ............................................................... 2 1.1 Terms of Reference ................................................................................. 2 1.2 Environmental Assessment ...................................................................... 3 1.3 Ministry Review ........................................................................................ 4 2. The Proposed Undertaking ............................................................................... 5 3. Results of the Ministry Review ....................................................................... 10 3.1 Conformance with ToR and EAA ............................................................ 10 3.1.1 Ministry Analysis ........................................................................ 10 3.1.2 Consultation .............................................................................. 10 3.1.3 Conclusion ................................................................................ 15 3.2 EA Process ............................................................................................ 16 3.2.1 Key Issues ................................................................................. 17 3.2.2 Conclusion ................................................................................ 17 3.3 Proposed Undertaking............................................................................ 18 3.3.1 Key Issues ................................................................................. 18 3.3.2 Conclusion ................................................................................ 20 4. Summary of the Ministry Review .................................................................... 21 5. What Happens Now? ....................................................................................... 22 5.1 Additional Approvals Required ............................................................... 22 5.2 Modifying or Amending the Proposed Undertaking ................................. 23 List of Appendices Appendix A Environmental Assessment Act Requirements Appendix B Submissions Received During the Initial Comment Period Appendix C Supplemental Information List of Tables Table 1 Government Review Team Comment Summary Table Table 2 Public Comment Summary Table List of Figures Figure 1 Proposed Undertaking Figure 2 Study Area Figure 3 Identification and Evaluation of Alternative Methods in the EA Don Mouth Naturalization and Port Lands Flood Protection EA Review Executive Summary WHO Toronto and Region Conservation Authority (TRCA) in conjunction with Waterfront Toronto, and the City of Toronto WHAT Ministry Review of an Environmental Assessment (EA) for the proposed undertaking which includes: . Naturalization of the Lower Don River including river valley formation and relocated river mouth . Creation of a floodplain for flood protection including a flood protection landform, valley wall feature and wetlands . Sediment, debris and ice management WHEN EA Submitted: March 3, 2014 EA Submission Comment Period: March 3 to April 21, 2014 WHERE Lands surrounding the Lower Don River and mouth of the Don River within the waterfront area and in the Lower Don Lands area in the Port Lands of the City of Toronto. Also includes the Don Narrows River Channel from the CN rail bridge to Riverdale Park. WHY The proposal is intended to improve ecological function at the Don River mouth, remove the risk and vulnerability to flooding of 230 hectares of urban land to the south and east of the river, and to address the derelict nature of the Port Lands in the City of Toronto. Improvements will contribute to the revitalization and sustainability of the Toronto waterfront consistent with Waterfront Toronto’s Sustainability Framework and objectives and the City of Toronto’s planning for the waterfront. CONCLUSIONS The Ministry Review of the EA concluded that the proponent has prepared the EA in accordance with the approved Terms of Reference (ToR) and the requirements of the Environmental Assessment Act (EAA). The ministry is satisfied that the proponents (TRCA, Waterfront Toronto, and the City of Toronto) used a clear and logical decision making process to determine how the preferred undertaking was selected from the alternatives considered. Proposed conditions of approval are recommended for the implementation of the undertaking. July 2014 1 Don Mouth Naturalization and Port Lands Flood Protection EA Review 1. Environmental Assessment Process Environmental Assessment (EA) is a proponent driven planning process designed to incorporate the consideration of the environment into the decision-making process by assessing the effects of an undertaking on the environment. In Ontario, the Environmental Assessment Act (EAA) sets out the general contents for the preparation of an EA, as well as EA Process the ministry’s evaluation process. For those proponents and undertakings subject the EAA, approval under the EAA is ToR Approval required before the undertaking can proceed. ↓ EA Preparation Proponents address a wide range of potential effects on the natural, social, cultural and economic environments to ensure ↓ the protection, conservation and wise management of the EA Submission environment. An EA determines, on the basis of the potential ↓ environmental effects and benefits, if an undertaking should EA Comment Period proceed, and if so, how environmental effects can be managed. ↓ Ministry Review EAs may identify a problem or opportunity, consider ↓ alternative ways of addressing the problem or opportunity, Review Comment Period evaluate the environmental effects of the alternatives and select a preferred undertaking from the alternatives. The ↓ proponent must consider actions to avoid, reduce and Minister’s Decision mitigate potential environmental effects. In preparing the EA, the proponent completes various studies and consults with interested stakeholders including government agencies, the public and affected Aboriginal communities to evaluate the alternatives and determine the preferred undertaking. Once the undertaking is approved, the proponent is required to monitor to demonstrate compliance with standards, regulations and the EAA approval. 1.1 Terms of Reference Preparing an EA is a two-step application to the Minister of the Environment (Minister). The first step requires the proponent to prepare and submit a Terms of Reference (ToR) to the Ministry of the Environment (MOE/ministry) for review and approval. The ToR is the work plan or framework for how the EA will be prepared. On August 18, 2006, the Minister approved the Don Mouth Naturalization and Port Lands Flood Protection Project ToR. The ToR sets out how the Toronto and Region Conservation Authority (TRCA) in conjunction with Waterfront Toronto, and the City of Toronto (proponents) would assess alternatives, assess environmental effects and consult with the public, government agencies and Aboriginal communities during the preparation of the EA. The ToR established the proponents’ work plan for assessing and evaluating alternatives including the provision of mitigating environmental effects as part of the EA. This included assessing alternative discharge points for the river mouth and valley alignments; assessing the river characteristics and identifying the appropriate July 2014 2 Don Mouth Naturalization and Port Lands
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